Golu Kumar @ Vishal Kumar @ Golu @ Vishal @ Vishwas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51559 of 2023 Arising Out of PS. Case No.-285 Year-2021 Thana- BIHTA District- Patna ====================================================== GOLU KUMAR @ VISHAL KUMAR @ GOLU @ VISHAL @ VISHWAS Son of Ranjan Mishra, R/O- Goraiya Sthan Jinpura Road, P.S.- Bihta, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-08-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with S.Tr. No. 786 of 2022 arising out of Bihta P.S. Case No. 285 of 2021, dated 06.04.2021 registered for the offences punishable under Section(s) 394, 307, 353, 332 and 333 of the Indian Penal Code and Section(s) 25(1-b)(a), 25(1AB), 26 and 27 of the Arms Act.
3. This is second attempt of the petitioner for the relief of regular bail as his earlier prayer was rejected by this Bench vide order dated 09.12.2022 passed in Cr. Misc. No. 45889 of 2022 preferred by this petitioner.
Patna High Court CR. MISC. No.51559 of 2023(2) dt.25-08-2023 2/3
4. The main submissions advanced by learned counsel for the petitioner are that the petitioner has been languishing in jail since 06.12.2021 and against him, there are criminal antecedent of two cases as per his information, in which the petitioner has got bail though, some other cases may be against the petitioner but in these cases the petitioner was tried as Juvenile and petitioner has been made victim of circumstances. It is further submitted that petitioner's trial has started but no significant progress has been made in his trial despite lapse of sufficient time. It is further submitted that the petitioner is not named in the FIR and during investigation on the basis of C.C.T.V. footage he was implicated in this case.
5. Learned APP appearing for the State has opposed the prayer for bail.
6. Considering the above submissions and mainly taking into account the custody period undergone by the petitioner and as per above submissions, petitioner's trial has started but no significant progress has been made in his trial, hence, the petitioner, now deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.51559 of 2023(2) dt.25-08-2023 3/3 concerned Court in connection with S.Tr. No. 786 of 2022 arising out of Bihta P.S. Case No. 285 of 2021. (Shailendra Singh, J.) Maynaz/- U T